retarded and mentally retarded used 44 times. that's why we're using it. the state put up three experts who all evaluated him and said he is not mentally retarded but over the years when they got more information they said those initial evaluations were rush jobs. he is indeed mentally retarded and a judge in georgia also determined that based on a preponderance of the evidence that he is mentally retarded. here's the wrinkle, though, as we discussed a moment ago. when the u.s. supreme court determined that it's illegal to sentence capital punishment for the mentally retarded they left it up to the states to determine what that threshold is. in every other state it's the preponderance of the evidence, more likely than not. in georgia it'seyond a reasonable doubt, that no reasonable attorney or judge would then make that decision that he's mentally capable. next 30 days, they'll make the decision. hill's attorney will enter his plea to say why he believes he's mentally retarded. the state will then rebut and hill another opportunity. >> victor blackville ma